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The Effect of a Charging Clause on a Professional’s Fees

Testators often choose professionals such as lawyers or accountants to act as their executor because professionals possess useful skills. Many lawyers and accountants have experience dealing with the issues that arise in estate administration. Recognizing this, the testator sometimes includes a “charging clause” in the Will. This allows the professional to charge his or her professional fees for estate-related work. Against this background, an issue that arises is the relationship between the fees for professional services such as accounting and legal advice provided to the estate and fees for services that are normally expected from an executor.

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